No. HPSEBL/CE(SO&P)/IS-60A(Vol-IV)/ Dated:

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1 Tender Document No.: 4 HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED (A State Government Undertaking) Office of the Chief Engineer (SO&P), Vidyut Bhawan, Shimla (HP) Tel./Fax No , ceso@hpseb.in, Web : No. HPSEBL/CE(SO&P)/IS-60A(Vol-IV)/ Dated: To As per list attached. Subject:- Tender Enquiry for Banking of Power by HPSEBL for the period from 23 rd April, 2015 to 15 th September, Dear Sir, HPSEBL wishes to invite offers from Distribution Licensees or from the Electricity Traders having Interstate Trading License (Category-III & above) from the Central Electricity Regulatory Commission (CERC) for Banking of Power by HPSEBL for the period from 23 rd April, 2015 to 15 th September, 2015 on firm basis as per the following terms and conditions: 1. Period and Quantum of Power A) Supply of Power by HPSEBL: HPSEBL shall supply power as per Annexure-I attached. The Utilities or traders can participate in the tender. The trader should have a valid License of Category-III or above from the CERC for Interstate Trading of Electricity. At the time of evaluation, preference shall be given to the bidders accepting power in HPSEBL matching slots as Annexure-I. However, HPSEBL reserves the right to increase or decrease the quantum of power at the time of issuance of letter of intent (LoI) B) Return of Power to HPSEBL: Utilities/traders shall return the banked Power to HPSEBL on Firm Basis during day hours i.e. 00:06 to 20:00 as per Annexure-II. However, HPSEBL reserves the right to increase or decrease the quantum of power in different time slots at the time of issuance of letter of intent (LoI). The offer with highest percentage of returnable power in HPSEBL matching time slots shall be preferred.

2 The other detailed terms and conditions for banking of above power are given as under:- 1. Eligibility Criteria: All distribution licensees shall be eligible to participate either by direct participation or through an electricity trader having category-iii or above interstate trading licensee issued by CERC. In case participation through trading licensee, there shall be back to back agreement between trader and distribution licensee duly signed by the authorized signatories of both the parties clearly indicating the participation by the trader on their behalf and terms & conditions between the distribution licensee and the electricity trader. 2. Evaluation Criteria: The bid shall be evaluated purely on merit basis duly considering the quantum of returnable power offered by the bidder. The offer with highest percentage of returnable power in HPSEBL matching time slots shall be preferred. However, HPSEBL reserves the right to accept or reject any bid on the basis of past experience, performance and other conditions as may be deemed fit by HPSEBL. 3. Delivery Point: The delivery point in either case shall be at Regional Periphery (NR). 4. Open Access Transmission Charges & Losses: a) Upto Delivery Point: All Open Access Charges upto delivery point including SLDC charges, injection charges, RLDC scheduling charges or any other charges as may be applicable and all transmission losses including Injection Losses shall be borne by Exporting Utility. b) Beyond Delivery Point: All Open Access Charges beyond delivery point including SLDC charges, drawl charges, RLDC scheduling charges or any other charges as may be applicable and all transmission losses including drawl losses shall be borne by importing utility. 5. Scheduling: MW schedule shall be given as per the month-wise, slot-wise quantum as agreed. The scheduling and Dispatch of the Power shall be coordinated with respective RLDC(s) as per the relevant provisions of IEGC and frame work of ABT and the decisions of RLDC(s) and RPCs:

3 a. The Power shall be scheduled and dispatched as per the prevailing relevant provisions of CERC (Open Access in inter-state Transmission). b. Both the entities shall obtain the concurrence of their respective SLDC required for short term open access. Recipient utility shall apply for STOA as per short term scheduling procedures along with the SLDC consent and pay the open access charges as per rules. c. The supplying utility shall reimburse the open access and scheduling charges if any before delivery point, to recipient utility within 7 days after receiving the bill. d. In case of cancellation of corridor by RLDC due to system constraints, the refund received by recipient utility from RLDC, if any, against supplying State s Open Access Charges shall be refunded within 7 days of receipt from the Nodal RLDC. e. In case of re-routing of open access corridor due to congestion / system constraints, the additional charges involved shall be borne by recipient utility. 6. Energy Accounting: For the power supplied by the HPSEBL to trader/utility during the entire month, HPSEBL shall issue a certified energy statement based on the REA issued by NRPC. a. For the return of banked power utility/trader to HPSEBL during the entire month, the trader/utility shall issue a certified energy statement of HPSEBL based on the REA issued by NRPC. b. Once all the transactions are completed, trader/utility shall prepare a final energy account for HPSEBL showing the supply and return of power in energy terms (MUs). c. Accounting of energy exchange will be carried out by trader/utility on the basis of implemented schedule/final revision by Northern Regional Load Dispatch Centre and respective Regional Load Dispatch Centre subject to final reconciliation on the basis of Regional Energy Accounts issued by NRPC and respective Regional Power Committee at the end of contract period. Final bill shall be raised on the basis of REA adjustment with the approval of HPSEBL. 7. Settlement Rate: This banking arrangement shall be on purely energy to energy transaction basis and shall be considered as cash less transaction. However, any unadjusted quantum by the end of banking cycle shall be Rs 4.00 per kwh.

4 8. Revision/ Cancellation in Open Access: 15% variation in schedule i.e. supply of up to 15% less energy on monthly basis is acceptable on either side and there will not be any reduction in Open Access payment. For more than 15% variation in schedule, pro-rate deduction in Open Access Charges will be made by importing utility and such expenses shall be borne by exporting utility. Both HPSEBL and trader/ utility will have the right to supply mutually agreeable quantum of energy to make up the shortfall in scheduled energy to be supplied or returned vide Day Ahead Open Access applications and in such an event, all Open Access Charges shall be borne by defaulting party. 9. Compensation for Default: Failure to return the contractual quantum to HPSEBL shall be considered as breach of agreement and the whole of the unreturned quantum shall be considered towards unadjusted quantum and shall attract the provision of Clause 8 for settlement of unadjusted quantum Rs 4.00 per kwh. In case of revision / cancellation of approved open access corridor, the party seeking revision / cancellation of open access corridor shall bear all the open access charges as applicable under Inter-State Open Access Regulations from the injection point till the point of drawl applicable due to such surrender / cancellation. 10. Surcharge for Late Payment: For any kind of outstanding payments for more than 30 days after receipt of respective bill (if any), per month shall be applicable on defaulting party. 11. Force Majeure: The parties shall ensure due compliance with the terms of the agreement. However, no party shall be liable for any claim for any loss or damage whatsoever arising out of the failure to carry out terms of the agreement to the extent that such a failure is due to Force Majeure events like rebellion, mutiny, civil commotion, riot strike, lock-out, natural calamity, act of god and technical constraints/ transmission constraints imposed by RLDC / RPC. But any party claiming the benefit of this clause shall fully satisfy the other party of the existence of such event and give written information to the other party within 24 hours of such Force Majeure. Supply / drawl of power shall be resumed immediately by the parties concerned after such eventuality has come to an end or ceased to exist. 12. Earnest Money Deposit: The prospective bidder shall deposit Earnest Money of Rs.5,00,000/- (Rupees Five Lacs only) in the form of crossed Demand Draft of any Nationalized Bank/ Scheduled Bank drawn in favour of Sr. Accounts

5 Officer (Banking), HPSEBL payable at Shimla. The successful bidders shall remain under contractual obligations as per the said contract till the final successful return of the quantum to HPSEBL as per Clause No. 1(b) above. The EMD of the successful bidders shall be converted to performance guarantee. No interest will be paid on the EMD amount. The performance guarantee shall be refunded within 15 days of the no dues certificate issued by the successful bidders to HPSEBL and to those of unsuccessful bidders, after 30 days from the date of opening of the tender enquiry. The EMD shall be forfeited in favour of HPSEBL, if a bidder withdraws or modifies its bid during Bid Validity Period and fails to sign detailed Power Swap Agreement within 20 days of issue of Letter of Intent to successful bidder. 13. HPSEBL s Right to Accept/ Reject the Bid: HPSEBL reserves the right to reject any or all bids or to accept any bid in full or part at its sole discretion without assigning any reasons whatsoever there off. The decision of HPSEBL shall be final and binding on the bidders in this respect and no further correspondence shall be entertained by HPSEBL in this regard. 14. Modification of the Bid Documents: HPSEBL reserves the right to modify terms and conditions of the Bid Documents prior to the submission of the bid by the bidder by issuing amendment(s) and such amendment(s) shall form part of bid documents. 15. Bid Validity Period: The offer shall remain valid for a period of 30 days from the date of opening of bid ( Bid Validity Period ) and the Bidders shall have no right to withdraw the offer or alter any terms and conditions during the period of validity. 16. Submission of the Bid: The sealed offers shall reach the office of Chief Engineer (SO&P), HPSEBL, Vidyut Bhawan Shimla on or before by 14:00 Hrs. and shall be opened on the same day at 15:00 Hrs. The representatives of the participating parties may be present at the time of opening of the bid, if they so desire. 17. Letter of Intent (LoI)/ Agreement: The successful bidder shall be informed provisionally by HPSEBL and the successful bidder shall give the consent for return of power on Form-2 of CERC approved Open Access application. The consent once given shall remain valid unless mutually agreed. The successful bidder shall execute power swap agreement within 20 days time from the date of issuance of Letter of Intent (LoI). The transaction of power for all intents and purposes

6 shall commence only after the above stated codal formalities are furnished by the successful bidder. 18. Governing Law: All disputes arising out of bid enquiry shall be governed in accordance with Indian Law and subject the jurisdiction of courts situated at Shimla. Thanking you, Yours faithfully, Chief Engineer (SO&P), Vidyut Bhawan, HPSEBL, Shimla

7 ANNEXURE-I Quantum of power offered by HPSEBL for Banking (in MW) Month Period 00:00-24:00 (RTC) MUs April, th to 30th st to15th May, th to 31st June, st to15th th to 30th July, st to15th th to 31 st August, st to15th th to 31st Sept., st to 15th Total MUs 794 Month Period 00:00-06:00 & 22:00-24:00 MUs (Night) April, th to 30th Nil 1st to15th Nil May, th to 31st June, st to15th th to 30th July, st to15th th to 31 st August, st to15th th to 31st Sept., st to 15th Total MUs 136 Note: Quantum of power can be increased or decreased at the time of Issuance of LoI.

8 ANNEXURE-II Return of RTC Power by Trader to HPSEBL w.e.f. 16th October, 2015 to 31th March, 2016 (in MW) Month Period Time Slot MUs October, th to 31st November, st to15th th to 30th December, st to15th th to 31st January, st to15th th to 31st February, st to15th th to 29 th March, st to15th th to 31st Total MUs 830 Return of Night Power by Trader to HPSEBL w.e.f. 1st November, 2015 to 29th February, 2016 (in MW) Month November, 2015 December, 2015 January, 2016 February, 2016 Period Time Slot MUs st to15th th to 30th st to15th th to 31st st to15th th to 31st st to15th th to 29 th Total MUs Note: Quantum of power can be increased or decreased at the time of Issuance of LoI, which is further subject to premium on returnable power.

No. HPSEBL/CE(SO&P)/IS-60A(Vol-II)/ As per list attached.

No. HPSEBL/CE(SO&P)/IS-60A(Vol-II)/ As per list attached. HIMACHAL PRADESH STATE ELECTRICITY BOARD LIMITED (A State Government Undertaking) Office of the Chief Engineer (SO&P), Vidyut Bhawan, Shimla-171004. (HP) Tel./Fax No. 0177-2657901, Email: ceso@hpseb.in,

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